The Los Angeles couple who bought the house where Marilyn Monroe died have been dealt yet another setback in their quest to tear it down and build a new house.

Roy Bank and Brinah Milstein had their lawsuit against the city of Los Angeles thrown out by a federal court judge in the Central District of California Wednesday, dealing the couple a major setback in their quest to begin new construction on the property.

The couple sued in January after the city designated the home that Marilyn Monroe owned for six months a “Historical-Cultural Monument” and prevented them from tearing down the property.

They alleged that the city had engaged in an “unconstitutional taking” of their property.

They purchased the home for over $8 million in 2023 and had already obtained permits to tear it down and begin new construction when the city did an abrupt about-face, according to their lawsuit.

Los Angeles gave the infamous 1929 Spanish Bungalow monument status in 2024 after Bank and Milstein claimed that they spent $30,000 obtaining the proper permits.

The couple alleged that the move was done “without any public purpose or just compensation”

“Not a trace of Ms. Monroe’s short tenure at the house remains at the property or in the house — and the house has been substantially altered by successive owners over more than sixty years,” their complaint stated. 

The single-family Brentwood home, located on the end of a dead-end street in a multi-million dollar neighborhood, has now become a tourist attraction.

The couple claimed that they had to hire private security after burglars broke into the home looking for Monroe memorabilia.

The “Some Like it Hot” star bought the residence in February 1962, shortly after her divorce from playwright Arthur Miller.

She was found dead at 36-years old the following August with “acute barbiturate poisoning,” and her death was ruled by the coroner as the result of an overdose and likely a suicide.

The couple’s lawyer told People Magazine that the fight isn’t over.

The court’s decision is a bit surprising, but it’s not over. We are preparing our next steps in this case,” Pacific Legal Foundation attorney J. David Breemer said.